Vanka Rajamma vs The State Of Ap
2021 Latest Caselaw 811 AP

Citation : 2021 Latest Caselaw 811 AP
Judgement Date : 12 February, 2021

Andhra Pradesh High Court - Amravati

Vanka Rajamma vs The State Of Ap on 12 February, 2021

Bench: D.V.S.S.Somayajulu

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
(SPECIAL ORIGINAL JURISDICTION)

FRIDAY, THE TWELFTH DAY OF FEBRUARY ~
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU

WRIT PETITION NO: 3565 OF 2021
Between:
Smt. Vanka Rajamma, W/o Subramanyam, aged about 65 years, Occ. House
wife, R/o.Molakalapudi, Chittamur Mandal, SPSR Nellore District, Andhra
Pradesh.
...Petitioner
AND
1.. The State of AP, Rep. by its Principal Secretary, Panchayat Raj and Rural
Development (E & R) Department, Secretariat, Velagapudi, Amaravati, Guntur
District.
2. The District Election authority and District Collector and District Magistrate,
SPSR Nellore District.
3. The Appellate Authority/ The Deputy District Election Authority and Sub
Collector, Gudur, Gudur Division/ Constituency, SPSR Nellore District.
4. The Returning Officer, Stage- |, Elections of Gram Panchayat-2021,
Molakalapudi Village, Chittamuru Mandal, Nellore District District.
5. The Chief Executive officer, ZPP, SPSR Nellore, AP.
6. The District Panchayat Officer, SPSR Nellore, AP
7. The Mandal Parishad Development Officer, Chittamur Mandal, Chittamur, SPSR
Nellore District, AP.
...Respondents

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue a Writ, Direction, Order or Orders more particularly one in the nature of Writ of-
Mandamus declaring the action of the respondent Nos. 4 and 3 in rejection of
nomination for the post Sarpanch, Molakalapudi Village, Chittamur Mandal, SPSR
Nellore District in Form No.V dated 09.02.2021 and impugned order in Ref No.
Bl/42/Elections - 2021 dated 11.02.2021 respectively as illegal, arbitrary, contrary to law
and the provisions of AP Panchayat Raj Act, 1994, violative of principles of natural
justice and consequently set aside the impugned proceedings issued in Form No.V
dated 09.02.2021 and impugned order in Ref No. Bl/42/Elections - 2021 dated
11.02.2021 by permitting the petitioner to contest in the election for the post of
Sarpanch, Molakalapudi Village, Chittamur Mandal, SPSR Nellore District and for
contesting in the ZPTC/MPTC/Gram Panchayat Elections to be held in 2021 or in any
future dates by declaring the consideration of the date of birth recorded in SSC
certificates.

IA NO: 2 OF 2021

~ Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to suspend the
operation of the Form No.V dated 09.02.2021 and impugned order in Ref No.
BI/42/Elections -- 2021 dated 11.02.2021 issue by the 4th and 3rd respondents
respectively in the interest of justice, pending disposal of WP 3565 of 2021, on the file of
the High Court.

2) Anthet iim! Rah NA RRMA a estiedati S DRNOA abetted Gn

Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to direct the
Respondents allowing the petitioner to contest for the post Sarpanch, Molakalapudi
Village, Chittamur Mandal, SPSR Nellore District in Gram Panchayat Elections to be
held in 17.02.2021, in the interest of justice, pending disposal of WP 3565 of 2021, on
the file of the High Court.

roy

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri P Sree Ramulu Naidu,
Advocate for the Petitioner and of GP for Panchayat Raj and Rural Development for the
Respondent No.1, Sri Vinod K. Reddy, Standing Counsel for Respondent No.2, the
Court made the following.

ORDER:

"Heard learned counsel for the petitioner. :.

He raises an issue of a gross statutory violation. On a query by the Court about the power of this Court to grant any order, learned counsel relying upon the Judgment of the Hon'ble Supreme Court in 2018 argues that even if there is an alternative remedy the writ petition is maintainable. Therefore, he submits that even if an election petition is an available alternate remedy in view of the gross violation of the law, the writ petition is maintainable.

This Court on perusing the Judgment of the Full Bench of Andhra Pradesh High Court reported in 2004 (6) ALD 587, notices that the issue about an existence of an alternative remedy etc., was also raised and argued. However relying upon the Constitution Bench Judgment of Hon'ble Supreme Court reported in N.P.Ponnuswami vs Returning Officer, the Full Bench held that in election disputes a new branch of law has been carved out and it reiterated the position that the court should not interfere and grant any orders, even in cases of

improper rejection of nominations.

_Sd/-M.Suryanadha Reddy

| ASSISTANT REGISTRAR ITTRUE COPYI/ __SECTION OFFICER

List the matter next week."

To,

1. The Principal Secretary, Panchayat Raj and Rural Development (E & R) Department, State of AP, Secretariat, Velagapudi, Amaravati, Guntur District.

2. The District Election Authority & District Collector & District Magistrate, SPSR Nellore District.

3. The Appellate Authority/ The Deputy District Election Authority and Sub Collector, Gudur, Gudur Division/ Constituency, SPSR Nellore District.

4. The Returning Officer, Stage- |, Elections of Gram Panchayat-2021, Molakalapudi Village, Chittamuru Mandal, Nellore District District.

5. The Chief Executive officer, ZPP, SPSR Nellore, AP.

6. The District Panchayat Officer, SPSR Nellore, AP

7. The Mandal Parishad Development Officer, Chittamur Mandal, Chittamur, SPSR Nellore District, AP. (1 to 7 by RPAD)